Sec. 486.014. PREREQUISITES TO AND RESTRICTIONS ON SALE. (a) Before completing an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine, a business establishment that engages in those sales shall:
(1) require the person making the purchase to:
(A) display a driver's license or other form of government-issued identification containing the person's photograph and indicating that the person is 16 years of age or older; and
(B) sign for the purchase;
(2) make a record of the sale, including the name and date of birth of the person making the purchase, the address of the purchaser, the date and time of the purchase, the type of identification displayed by the person and the identification number, and the item and number of grams purchased; and
(3) transmit the record of sale as required by Section 486.0141.
(b) A business establishment may not sell to a person who makes over-the-counter purchases of one or more products containing ephedrine, pseudoephedrine, or norpseudoephedrine:
(1) within any calendar day, more than 3.6 grams of ephedrine, pseudoephedrine, norpseudoephedrine, or a combination of those substances; and
(2) within any 30-day period, more than nine grams of ephedrine, pseudoephedrine, norpseudoephedrine, or a combination of those substances.
Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 742 (H.B. 1137), Sec. 2, eff. September 1, 2011.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle C - Substance Abuse Regulation and Crimes
Chapter 486 - Over-the-Counter Sales of Ephedrine, Pseudoephedrine, and Norpseudoephedrine
Subchapter B. Over-the-Counter Sales
Section 486.011. Sales by Pharmacies
Section 486.013. Restriction of Access to Ephedrine, Pseudoephedrine, and Norpseudoephedrine
Section 486.014. Prerequisites to and Restrictions on Sale
Section 486.0141. Transmission of Sales Information to Real-Time Electronic Logging System
Section 486.0142. Temporary Exemption
Section 486.0143. Written Log or Other Electronic Recordkeeping
Section 486.0144. Online Portal
Section 486.0145. Limitation on Civil Liability